Court Claim - Cabot Financial / Lloyds - 10-12-2014

[Amethyst]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Just a couple little amendments on these paras

8: On the 23/12/2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors I requested the Claimant provide copies of the Contract between myself and Lloyds Bank – Credit Card agreement, The Default Notice and The notice of assignment.

9. Neither the Claimant, nor Restons Solicitors, have sent any of these documents to me.


11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


and remove para 5 and fix the bit about the extension if anything changes, then you're good to go I reckon.

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

I have had a read of the post, I have just telephoned them and left a voicemail requesting an extension in writing to my email address, basically wording your email template. I also phonetically spelt out the case number and repeated and spelt my email address to them on the voicemail.

Is this a valid request?

Thank you for removing the images, i understand and appreciate it.

Thanks again for all your help with this, i would be lost.

Broady

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

I have made the required changes, just unsure if leaving a voicemail is considered acceptable for requesting an extension.

[Amethyst]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

It'd be better to speak to them directly if at all possible on Monday but they might work on Saturdays so see if you hear over the weekend, don't worry too much, it isn't imperative just me being picky, so if you hear nothing then just get the defence in by 4 on Monday and all will be fine xxx

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Can I file the defence online?

[Amethyst]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Yes you can do it on Moneyclaimonline - did you acknowledge the claim through the MCOL service? If so log in and p'word should be the same.

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

yeah, just checked it all. Making sure i can login

thank you so much again.

[Amethyst]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

no problem at all xxx

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Hi Amethyst,

I hope you are well.

Just a little update and a bit more advice if you can help.

I filed my defence after leaving them a telephone message and trying to call on Saturday. Due to work I would have been unable to file my defence before 4pm, so I filed it on the Sunday.

I had a letter from the court to say they had sent the defence to Restons.

I have since had the attached letter which I am a little confused about and it appears they are threatening to charge me more?

Please if you have a couple of minutes, could you have a look and let me know what you think.

Many thanks

Broady

[Mineral1]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Go check the form of these gentlemen they seem to have an endless supply of N9A's..
Shame the form isn't soft, strong and very long... Would be useful for something...

[Amethyst]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Having trouble opening the attachment ( site's fault not yours) so I'll nudge [MENTION=6]Amethyst[/MENTION] myself to come have a look tmw once the caches cleared up xx

I suspect it's the 'you would have had your terms when you opened the account, would have had statements throughout and your defence sucks - here's a N9A form else we'll apply for summary judgment and costs etc'' letter.

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

LOL @ Mineral1, still tempted to use the letter in the same way
[MENTION=6]Amethyst[/MENTION], you are 100% correct to the contents. I assume it is a standard letter designed to scare you into compliance?

Thanks again,

the support is extremely comforting.

Broady

[Mineral1]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

LOL @ Mineral1, still tempted to use the letter in the same way
@Amethyst, you are 100% correct to the contents. I assume it is a standard letter designed to scare you into compliance?

Thanks again,

the support is extremely comforting.

Broady

Lets put it this way.... I wouldn't lose a moments sleep over it. Look its got sod all to do with them whether or not years ago you had a particular document to look at (not that many ever bothered reading a credit card agreement... Your eyeballs fall out looking at the small print trust me) the law stipulates the requirement of anyone who assumes the mantle of creditor to actually possess a true copy or something with your X marked on it.... Otherwise they can't actually take enforcement action (ie court won't issue judgement) they can however send you endless threatening letters and if you don't defend sneak into court and try get a judgement however, I am sure you won't give them the chance! :tongue2:

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Hi Amethyst and everyone else.

I hope you are all well?

Just a quick update, I have not received anything else except acknowledgment from the court informing me they would pass my defense to Restons.

That was back in January.

I have since had a Phonecall around 4 weeks ago from Restons asking if I received their letter and asking if I would hurry and return the N9 form. I told them politely to get lost and to only communicate with me in writing!

I am just wondering how long Restons have to move on things and what the next stage is likely to be?

Will I be required to go to court?

Thanks in advance.

Broady

[nemesis45]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Check the status of the claim with the court.

nem